Common use of Waiver of Known and Unknown Claims Clause in Contracts

Waiver of Known and Unknown Claims. In executing this Agreement, Employee intends to bar each and every claim, demand and cause of action specified above; in furtherance of this intention Employee hereby expressly waives any and all rights and benefits conferred upon Employee by any statutory provision and expressly agrees that this Agreement will be given full force and effect according to each and all of its express terms and provisions. This Agreement extends to unknown and unsuspected claims, demands and causes of action, if any, as well as to those relating to any other claims, demands and causes of action hereinabove specified. Employee makes this waiver with full knowledge of Employee's rights, after adequate opportunity to consult with legal counsel. Employee acknowledges that Employee may hereafter discover claims or facts in addition to or different from those which Employee now knows or believes to exist with respect to the subject matter of this Agreement, and which, if known or suspected at the time of executing this Agreement may have materially affected this settlement. Nevertheless, Employee hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee hereby understands and acknowledges the significance and consequence of such release and waiver. This Agreement constitutes a full release in accordance with its terms. Participant knowingly and voluntarily waives the provisions of any statute, law, or rule that would limit the effect of this Agreement, and acknowledges and agrees that this waiver is an essential and material term of this Agreement, and without such waiver the severance payments to Participant would not have been paid.

Appears in 2 contracts

Samples: Severance Agreement (Corillian Corp), Severance Agreement (Corillian Corp)

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Waiver of Known and Unknown Claims. In executing this Agreement, Employee intends to bar each and every claim, demand and cause of action specified above; in furtherance of this intention Employee hereby expressly waives any and all rights and benefits conferred upon Employee by any statutory provision and expressly agrees that this Agreement will be given full force and effect according to each and all of its express terms and provisions. This Agreement extends to unknown and unsuspected claims, demands and causes of action, if any, as well as to those relating to any other claims, demands and causes of action hereinabove specified. Employee makes this waiver with full knowledge of Employee's rights, after adequate opportunity to consult with legal counsel. Employee acknowledges that Employee may hereafter discover claims or facts in addition to or different from those which Employee now knows or believes to exist with respect to the subject matter of this Agreement, and which, if known or suspected at the time of executing this Agreement may have materially affected this settlement. Nevertheless, Employee hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee hereby understands and acknowledges the significance and consequence of such release and waiver. This Notwithstanding such provision, this Agreement constitutes a full release in accordance with its terms. Participant Employee knowingly and voluntarily waives the provisions of any statute, law, or rule that would operate to limit the effect of waiver and release provided for by this Agreement, and acknowledges and agrees that this waiver is an essential and material term of this Agreement, and without such waiver the severance payments to Participant Employee would not have been paid.

Appears in 2 contracts

Samples: Employment Agreement (Corillian Corp), Employment Agreement (Corillian Corp)

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Waiver of Known and Unknown Claims. In executing this Agreement, Employee intends to bar each and every claim, demand and cause of action specified above; in furtherance of this intention Employee hereby expressly waives any and all rights and benefits conferred upon Employee by any statutory provision and expressly agrees that this Agreement will be given full force and effect according to each and all of its express terms and provisions. This Agreement extends to unknown and unsuspected claims, demands and causes of action, if any, as well as to those relating to any other claims, demands and causes of action hereinabove specified. Employee makes this waiver with full knowledge of Employee's rights, after adequate opportunity to consult with legal counsel. Employee acknowledges that Employee may hereafter discover claims or facts in addition to or different from those which Employee now knows or believes to exist with respect to the subject matter of this Agreement, and which, if known or suspected at the time of executing this Agreement may have materially affected this settlement. Nevertheless, Employee hereby waives any right, claim or cause of action that might arise as a result of such different or additional claims or facts. Employee hereby understands and acknowledges the significance and consequence of such release and waiver. This Participant has been advised of the existence of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Notwithstanding such provision, this Agreement constitutes a full release in accordance with its terms. Participant knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law, or rule that would limit the effect of this Agreementsimilar effect, and acknowledges and agrees that this waiver is an essential and material term of this Agreement, and without such waiver the severance payments to Participant would not have been paid.

Appears in 1 contract

Samples: Severance Agreement (Corillian Corp)

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